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S3660 - Details

S3660 - Summary

Authorizes distribution of seized counterfeit goods to the needy after permanent alteration of the items so that the items cannot be mistaken for the authentic items.

S3660 - Sponsor Memo

BILL NUMBER:S3660
TITLE OF BILL:
An act
to amend the penal law, in relation to authorizing distribution of
seized counterfeit goods to the needy after permanent alteration of the
items
PURPOSE:
To authorize the distribution of seized counterfeit goods to the needy.
SUMMARY OF PROVISIONS:
Section one amends section 165.74 of the penal law authorizing the
distribution of seized goods bearing counterfeit trademarks to a
charitable organization for distribution to the needy, once there has
been permanent alteration of the items so as to not be mistaken for
authentic items.
Section two provides for an immediate effective date.
EXISTING LAW:
Current law states that the counterfeit items must be destroyed.
JUSTIFICATION:
Under this legislation, confiscated counterfeit items could actually
help someone in need. Once the products have been altered to insure

that they are marked as imitation and found to be safe, they could be
donated to nonprofit organizations who could then distribute the
merchandise to persons living in poverty.
At present, counterfeit goods have to be destroyed.
LEGISLATIVE HISTORY:
New.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediate.

S T A T E O F N E W Y O R K
________________________________________________________________________
3660
2011-2012 Regular Sessions
I N S E N A T E
March 1, 2011
___________
Introduced by Sens. GRIFFO, GOLDEN -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to authorizing distribution
of seized counterfeit goods to the needy after permanent alteration of
the items
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 165.74 of the penal law, as amended by chapter 535
of the laws of 1995, is amended to read as follows:
S 165.74 Seizure and destruction of goods bearing counterfeit trade-
marks.
Any goods manufactured, sold, offered for sale, distributed or
produced in violation of this article may be seized by any police offi-
cer. The magistrate must, within forty-eight hours after arraignment of
the defendant, determine whether probable cause exists to believe that
the goods had been manufactured, sold, offered for sale, distributed or
produced in violation of this article, and upon a finding that probable
cause exists to believe that the goods had been manufactured, sold,
offered for sale, distributed, or produced in violation of this article,
the court shall authorize such articles to be retained as evidence pend-
ing the trial of the defendant. Upon conviction of the defendant, the
articles in respect whereof the defendant stands convicted shall be
destroyed. Destruction shall not include auction, sale or distribution
of the items in their original form BUT MAY INCLUDE DISTRIBUTION TO A
CHARITABLE ORGANIZATION FOR FREE DISTRIBUTION TO THE NEEDY ONCE THERE
HAS BEEN PERMANENT ALTERATION OF THE ITEMS SO THAT THEY CANNOT BE
MISTAKEN FOR THE AUTHENTIC ITEMS BY EITHER THE GENERAL PUBLIC OR A
RETAIL MERCHANT.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09412-01-1

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